The London Planning Statement

The GLA is inviting comments on the ‘London Planning Statement’, a replacement for the now-revoked Government Office for London (GOL) Circular 1/2008, which provided advice for the arrangement of strategic planning in London. This briefing summarises the document and assesses its impact on the boroughs.

Overview

On 11 December the GLA published the ‘London Planning Statement’¹. This draft supplementary planning guidance (SPG) seeks to replace the GOL circular 1/2008², which was revoked by the National Planning Policy Framework (NPPF) in March 2012³. The circular and the draft replacement SPG, are intended to set out how the Mayor fulfils his planning functions in London’s unique governance arrangements. The SPG is a consultation document, and the GLA is inviting comments by 15 January 2013.

The SPG begins by highlighting the importance of good planning: ‘If we fail to plan, we plan to fail’. Given the constraints of a rising population (which the latest census data suggests is now predicted to overtake its historic peak of 8.6m by 2019 and not 2026, as previously thought) and the policy objectives of not encroaching on the green belt or open spaces, it is vital that, in order to meet the objectives of sustainable development set out in the NPPF (see member briefing 103), good planning is undertaken.

The SPG, which will sit under the London Plan, sets out the general principles of the approach that the Mayor will undertake, explains the Mayor’s role in the planning system, highlights the current Mayor’s priorities, and sets out the Mayor’s intended work programme. It concludes with three annexes that concern the legislative and procedural basis on which planning decisions are made.

The below very briefly summarises the key points under the Statement’s headings:

General principles

- ensuring propriety in taking decisions
- promoting sustainable growth
- ensuring development is viable, and that viability assessments are rigorously done, and that planning obligations are not burdensome

1 http://www.london.gov.uk/publication/london-planning-statement 2 http://www.london.gov.uk/sites/default/files/Circular%201-2008.pdf 3 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf The Mayor’s role in the planning system

- to publish the city’s spatial development strategy (the London Plan), and any supplementary guidance supporting it, and to monitor its implementation
- ensuring conformity between the London Plan, neighbourhood & borough plans and the NPPF (in light of the Mayor’s view that the London Plan is broadly consistent with the NPPF)
- to take planning decisions on matters of ‘potential strategic importance’ as defined in the Mayor of London Order 20084 (either by directing a borough to refuse planning permission or by taking over the application if it meets certain criteria)
- the SPG notes the Mayor’s reluctance to intervene in the planning system generally, he would do so in order to ensure delivery of key objectives as set out in the London Plan, especially for key infrastructure and to build new housing
- to designate Mayoral Development Corporations (MDCs) to secure the regeneration of specific areas (noting the Olympic Park MDC) with attendant, and significant, planning powers assumed from the boroughs in the areas concerned.

The Mayor’s priorities in the planning system

- planning for the city’s growth in a sustainable way that encourages renewal of London’s urban realm, and takes a positive approach to development
- ensuring enough jobs, training and education facilities, homes and social and other infrastructure to cope with growth, and with environmental challenges
- securing London’s place as ‘the United Kingdom’s World City’, supporting new economic specialisms, for example in technology, media, telecoms and green industries, and welcoming inward investment
- working with boroughs and others to ensure assessments of infrastructure need are made and funding mechanisms are in place to secure implementation
- ensuring a prompt planning system that doesn’t make undue demands of developers, takes decisions quickly, is properly resourced, and which is supported by the GLA through provisions of things like the London Development Database and the provision of planning guidance

The Mayor’s work programme

- ensuring consistency with the NPPF and policy relating to the Affordable Housing Programme
- taking account of updated population and housing need projections, and providing policies on areas of emerging concern including energy, and housing for older people
- ensuring implementation of the London Plan through a ‘London Plan Implementation Plan’ and associated annual monitoring report
- focusing growth on Opportunity Areas through planning frameworks, reviewing the Mayor’s Community Infrastructure Levy every two years, with the first in 2014, and seeking greater inter-regional co-operation

4 http://www.legislation.gov.uk/uksi/2008/580/contents/made Commentary

The London Planning Statement is shorter, more concise and more accessible than the circular it seeks to replace. By placing many of the technical legislative and procedural aspects of the planning process as annexes, it has made the main body of the document more understandable for the general reader. This is in line with the spirit of the NPPF, which replaced 1,000 pages of often very detailed planning policy guidance with 57 pages of policy in more accessible language.

This move towards clarity and simplicity is welcome, although, as with the NPPF it runs the risk of not adding sufficient clarity for the planning practitioner. On balance, however, as the planning practitioner will already be aware of the process, and will in any event still be able to access the technical details of legislation and procedure via the annexes, this risk will most likely be on the downside.

Given the revocation of the GOL circular it is helpful to have a replacement setting out the planning process, principles and priorities, especially to those people that are outside the immediate planning process (e.g. voluntary organisations, community groups and the private sector). The SPG does not contain any surprises or herald any changes in terms of policy or process, and should be seen as a document that supports and clarifies existing policy rather than symbolising any new policy direction.

Of necessity, the SPG addresses matters that are of concern that were not relevant at the time of the circular’s writing. The emphasis on achieving ‘sustainable development’, while a duty on the Mayor since the establishment of the position in 1999, now has a greater weight since the NPPF’s focus on this objective. Additionally, the several mentions of the higher than expected growth in London’s population, and the impact this will have on housing and other infrastructure needs, intensifies the need to plan (or re-plan) to accommodate London’s expansion. Equally the Mayor’s Community Infrastructure Levy and its impact on development in London is mentioned as it was only introduced in April 2012.

The SPG mentions the Mayor’s willingness to support work with boroughs, and to ‘interfere’ as little as possible, several times. This recognition of the distinct roles of boroughs in planning and London governance generally is correct and welcome. In areas where there is the potential for conflict between the GLA and boroughs, the SPG is clear about where the ‘lines’ are. Paragraph 3.16, particularly, states that the Mayor will use his formal planning powers ‘sparingly’, and the boroughs will be keen to ensure that this is the case going forward.

Less welcome is the reference in the following paragraph, however, that the Mayor, in taking planning decisions, will always keep in mind the ‘importance of prompt decision-making and borough performance’.

Borough planning departmental performance should not be a criterion that the Mayor should apply when deciding whether to exercise his powers (this might change given the government’s policy of removing planning decision-making from ‘poorly performing’ boroughs [see member briefing 169]) as decisions should always be made as locally as possible, and where there are problems in making a planning decision, the primary aim should be to support the borough in doing so rather than removing the ability to do so.

London Councils welcomes the publication of the SPG, and hopes that boroughs will take the opportunity to respond to it before the 15 January deadline. It is a helpful and accessible document in the main, and while there are some areas where London Councils will be seeking clarity of purpose and intent, it is broadly in tune with the aspirations of boroughs to plan for London’s continuing success. This member briefing has been circulated to: Portfolio holders and those members who requested policy briefings in the following categories: Housing and Planning